In memoriam: Judge C. Clyde Atkins, Samuel S. Smith.

AuthorHarkness, John F., Jr.

The justice system lost two faithful servants recently with the passing of former Florida Bar presidents C. Clyde Atkins and Sam Smith. Both went well beyond the call of duty to our profession and the public we serve. I thought it appropriate to briefly remember them and their contributions in this space, with the hope that their examples might encourage our younger members to emulate their commitment to justice and to selfless service to others.

I was still in college when Judge Atkins was president of the Bar in the early 1960s. Like the judge, though, my father practiced law in Miami back then, and so I was aware of Mr. Atkins' stature within the legal community. Few were surprised when President Johnson named Mr. Atkins to preside over cases in the nation's busiest federal trial court, nor, I suspect, were they surprised when the judge placed principle and dedication to the law above popularity in announcing many decisions of the U.S. District Court for the Southern District of Florida.

Judge Atkins was probably best known for his opinions supporting freedom of expression and defending the homeless. He also drew national press by blocking the deportation of Haitian and Cuban refugees following the boatlifts of the early 1980s.

The judge's rulings in favor of the homeless stopped police from breaking up Miami encampments. With the agreement of city leaders, in 1992 Miami created "safe zones" where the homeless could stay without fear of arrest. His rulings became a model for other cities nationwide, and led to Miami's providing a number of services for the homeless, including housing, job training and other counseling. The rulings were not popular with some of those in political power, but the judge followed his sense of justice undeterred.

When he died at age 84 of colon cancer on March 11, he had more than 63 years of service to the bench and bar behind him. He is survived by his wife of 61 years, Esther Castillo Atkins; a daughter, Julie A. Landrigan; seven grandchildren and three great-grandchildren.

Samuel S. Smith

Like many others who had the pleasure of working with Sam Smith, I counted him among my closest friends. He was just one of those special people who liked everyone, who gave freely of himself for the benefit of others, whose dedication to our profession and to simply doing the next right thing shone through in all he did...

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